HB5101 is a bill in the West Virginia Legislature (2026 Regular Session): The Joanna Phillips Domestic Violence Prevention Act.

What is the status of HB5101?

Signed into law as of April 1, 2026. Latest action: Chapter 95, Acts, Regular Session, 2026 (June 29, 2026).

Who sponsored HB5101?

Leavitt, Tristan (R, 053), with 10 co-sponsors.

Where is the official record for HB5101?

On the West Virginia Legislature website: https://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=5101&year=2026&sessiontype=RS&btype=bill

West Virginia legislation · 2026 Regular Session

West Virginia HB5101: The Joanna Phillips Domestic Violence Prevention Act

Q: What does HB5101 do?

In its own words: An act to amend and reenact §61-2-9d, and §61-2-28 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of "domestic violence"; and creating and increasing criminal penalties for certain acts. CHAPTER 61. CRIMES AND THEIR PUNISHMENT. ARTICLE 2. CRIMES AGAINST THE PERSON. §61-2-9d. Strangulation; suffocation and asphyxiation; definitions; penalties. (a) As used in this "Strangle" means knowingly and willfully restricting another person's air intake or blood flow by the application of pressure on the neck or throat; "Suffocate" means knowingly and willfully restr.

Status: Signed into law, April 1, 2026

What the bill says

An act to amend and reenact §61-2-9d, and §61-2-28 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of "domestic violence"; and creating and increasing criminal penalties for certain acts. CHAPTER 61. CRIMES AND THEIR PUNISHMENT. ARTICLE 2. CRIMES AGAINST THE PERSON. §61-2-9d. Strangulation; suffocation and asphyxiation; definitions; penalties. (a) As used in this "Strangle" means knowingly and willfully restricting another person's air intake or blood flow by the application of pressure on the neck or throat; "Suffocate" means knowingly and willfully restr.

From the enrolled text, March 14, 2026:

AN ACT to amend and reenact §61-2-9d, and §61-2-28 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of "domestic violence"; and creating and increasing criminal penalties for certain acts. CHAPTER 61. CRIMES AND THEIR PUNISHMENT. ARTICLE 2. CRIMES AGAINST THE PERSON. §61-2-9d. Strangulation; suffocation and asphyxiation; definitions; penalties. (a) As used in this "Strangle" means knowingly and willfully restricting another person's air intake or blood flow by the application of pressure on the neck or throat; "Suffocate" means knowingly and willfully restricting the normal breathing or circulation of blood by blocking the nose or mouth of another; and "Asphyxiate" means knowingly and willfully restricting the normal breathing or circulation of blood by the application of pressure on the chest or torso. (b) Any person who strangles, suffocates or asphyxiates another without that person's consent and thereby causes the other person bodily injury or loss of consciousness is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one year or more than five years, or both fined and imprisoned. (c) Notwithstanding subsection (b) of this section, any person who, without the consent of the other person, strangles, suffocates, or or (2) any other person during the commission of conduct …

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West Virginia HB5101: The Joanna Phillips Domestic Violence Prevention Act

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